Sacred Heart Mission St Kilda Inc T/A Sacred Heart Mission

[2019] FWCA 990

[2019] FWCA 990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sacred Heart Mission St Kilda Inc T/A Sacred Heart Mission
(AG2018/5099)

SACRED HEART MISSION ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
COMMISSIONER BISSETT	MELBOURNE, 18 FEBRUARY 2019

Application for approval of the Sacred Heart Mission Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sacred Heart Mission Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sacred Heart Mission St Kilda Inc T/A Sacred Heart Mission. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] An objection was raised to approval of the Agreement in relation to the provisions of clause 41.8 – Recall to work overtime. Following a discussion with the individual employee he recognised that the matter raised was not an impediment to the Agreement being approved but rather was a possible dispute over the application of the Agreement best raised once the Agreement was finalised. I am satisfied that the matters raised in relation to the clause do not adversely affect my capacity to approve the Agreement.

[6] The Australian Services Union (ASU) and Health Workers Union (HWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2019. The nominal expiry date of the Agreement is 17 February 2023.

COMMISSIONER

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Annexure A